Doyle v. Fischer’s Empirical Analysis
1924
Citation profile
3 federal appellate · 41 state decisions
How this case has been cited
Cited by 47 later decisions — most recently December 2004 · most notably 47 Wis. 2d 102 - Chayka v. Santini (1970), Church of Christ Home for Aged, Inc. v. Nashville Trust Co. (1947)
3 federal appellate · 41 state decisions — followed in 19 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 9 E.H. Smith 555 - Edson v. . Parsons · Frazier v. Patterson · Rastetter v. . Hoenninger · Carmichael v. Carmichael · Bower v. Daniel
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * The fact that these wills constitute but a single document, that they were executed at the same time, that each of the testators knew of the provisions made in the will of the other, that some of the children were provided for by one, and the others by the other, testator, conclusively indicates that the two wills resulted from a mutual agreement between the testators, and that their provisions were in accordance with such prior agreement.””
2 later decisions quote this exact passage““. . . It should be borne in mind that it is the contract and not the will that is irrevocable. The authorities generally hold that the will may be revoked, but the contract stands and will be enforced by equity if it be a valid contract and such enforcement is necessary for the prevention of fraud.””
2 later decisions quote this exact passage““Where an agreement is entered into' by two persons, and especially by husband and wife, to make mutual and reciprocal wills disposing of their separate estates pursuant to their mutual agreement, and where mutual and reciprocal wills are made in accordance with that agreement, and where, after the death of one of the agreeing parties, the other takes under the will and accepts the benefits of said agreement, equity will enforce specific performance of said oral agreement and prevent the perpetration of fraud which would result from a breach of the agreement on the part of the one accepting the benefits thereof.””
1 later decision quote this exact passagee.g. Kessler v. Olen
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.